RESIST ARREST SEARCH OR TRANSP
Resisting Arrest Search or Transport in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “RESIST ARREST SEARCH OR TRANSP” means
Texas Penal Code § 38.03 defines resisting arrest, search, or transportation. The State must prove that a person intentionally prevented or obstructed someone the person knew was a peace officer — or a person acting in a peace officer's presence and at the officer's direction — from effecting an arrest, search, or transportation of the actor or another, and that the person did so by using force against the officer or another. The force element separates this offense from evading arrest, which involves flight rather than force, and from interference offenses involving mere argument or passive noncompliance. The statute expressly provides that it is no defense that the arrest or search was unlawful. The mental state has two parts: knowledge of the officer's status and the intent to prevent or obstruct the arrest, search, or transportation.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for RESIST ARREST SEARCH OR TRANSP in Texas
Across 109,571 Texas bail settings for this charge (168 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,500 (middle half: $1,500 – $5,000). 7% of defendants were released on a personal bond, and bail was denied in 1,806 cases. When this was the only charge at booking (12,270 records), the median was $2,000 and 14% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 10,829 | $1,000 | $750 – $2,500 | 7% | 1% |
| El Paso | 7,358 | $2,500 | $1,000 – $5,000 | 9% | 3% |
| Travis | 6,808 | $5,000 | $2,500 – $6,000 | 24% | 1% |
| Dallas | 6,166 | $1,500 | $1,000 – $3,500 | 1% | 3% |
| Bexar | 4,361 | $2,000 | $1,500 – $4,000 | 8% | 3% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
How real RESIST ARREST SEARCH OR TRANSP cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
Charged with RESIST ARREST SEARCH OR TRANSP?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.